The 3rd Circuit Court of Appeal released decisions on six cases stemming from the Aug. 4, 2013, Union Pacific train derailment at Lawtell.
All the cases announced Wednesday were originally heard by Judge Gerard Caswell of the 27th District Court in St. Landry Parish.
The appellate court reversed one ruling, amended four rulings and affirmed one ruling.
Judge Candyce Perrett wrote the decisions. The court includes Judges D. Kent Savoie and Jonathan Perry.
The background on the cases states the trail derailed near Lawtell on Aug. 4, 2013, and a one-mile radius was evacuated until Aug. 7.
Twenty-six cars derailed “causing lube oil, dodecanol, and sodium hydroxide solution (also referred to as sulfidic caustic solution), to spill from three of the derailed train cars onto the land and into a nearby drainage ditch. The other derailed cars also contained chemical substances, including vinyl chloride.”
Many of the evacuees were directed to a hotel at Evangeline Downs for several days.
“Multiple residents, including Plaintiffs, filed suit on July 11, 2014, against Union Pacific. In the April 1, 2016 case management order, all cases pending in the Louisiana Twenty-Seventh Judicial District Court related to the Lawtell Derailment were consolidated into one division for the purpose of determining liability. Union Pacific stipulated to liability on September 12, 2016, but reserved its causation and damages defenses,” the decision stated.
On Feb. 8, 2017, the trial court appointed Kenneth DeJean as special master to preside over the causation-damages trials. The cases were not consolidated.
The appellate court judges decided the following cases.
— Damages of $200 awarded to Sheryl Bobb individually and on behalf of Alyia Bobb were reversed. The decision stated at the time of the derailment the two were a family gathering in Lawtell.
Bobb heard a loud noise when the derailment occurred and was informed that a derailment had occurred. The Bobbs stayed overnight and neither sought medical treatment.
The special master recommended each be paid $100 plus judicial interest from the July 11, 2014, petition filing, and all costs including the special master’s fees.
Union Pacific argued the trial court erred in awarding damages for physical injuries because evidence was not presented showing damages from the derailment or exposure to chemicals.
Union Pacific said the chemicals were released in liquid form and there was no evidence the Bobbs were in the vicinity of the liquid.
The appeal cost was assessed to the Bobbs.
— A judgement of $750 to Katrina Berry was affirmed. Berry was awarded $500 for inconvenience and $250 for mental anguish in the district court.
Berry, a Jeanerette resident, was a cousin’s residence in Lawtell at the time of the derailment.
The special master found Berry heard the loud noise, smelled an odor and was told by a police officer to “stay put” because of road closures.
The cost of the appeal was assessed to Union Pacific.
— A trial court judgement for Elaine Carrier for damages of $3,895 was reduced to $1,645. The appellate judges reduced an award of $3,250 for evacuation and inconvenience damages to $1,000. A $500 award for mental anguish was affirmed as was $145 for lost wages.
At the time of the derailment, Carrier and her 2-year-old son were living in Lawtell with her stepmother about a half-mile from the derailment site. She was driving home from her job in Opelousas at the time of the derailment when she saw a big cloud of dust, the decision stated.
The cost of the appeal was split evenly between Carrier and Union Pacific.
— An award of $6,400 to Charlene Brown was amended to $2,200. Brown testified she was in her house at the time of the derailment. Afterwards, she grabbed a shopping list, got in her car and headed to Opelousas and saw the derailment.
“She said it smelled like acid or something burning and her eyes started burning and got red.”
Also, “She testified that she did not see a doctor in relation to the derailment and no doctor has ever told her that any of her problems are related to the derailment.”
The appellate decision reduced a $5,000 award for evacuation-inconvenience to $1,000 and affirmed a $1,200 for mental anguish for a total award of $2,200.
Cost of the appeal was split evenly between Brown and Union Pacific.
— An award of $4,500 to Pauline Beam was amended to $1,000. Beam, 87, at the time of the derailment, spent the first night of the derailment sleeping in recliner’s a relative’s house. The second night she went to the hotel at Evangeline Downs.
Cost of the appeal was split evenly between Union Pacific and Beam.
— An award of $6,840 to Catherine Carriere was reduced to $2,340. Carriere was initially awarded $5,500 for evacuation and inconvenience, which was reduced to $1,000. Awards of $1,200 for mental anguish and $140 for clothes were affirmed.
Carriere and her two children were evacuated to the hotel at Evangeline Downs for three days.
Carriere testified she did not seek medical treatment due to the derailment. Her husband and two children also did not seek medical treatment as a result of the derailment.
